Price v. Dean
Texas Court of Appeals, 13th District
1Opinion of the Court
OPINION
Opinion by
CHAVEZ, Justice.
Appellant Phyllis Price, in her capacity as trustee of the Melba Depriest King Trust (the “Trust”), appeals from a default judgment entered against the Trust and in favor of appellee, Gloria Dean. By her eighth issue, appellant argues that service of process was deficient. We hold that service was deficient because the return of service failed to name the defendant, and we reverse and remand for further proceedings.
A default judgment cannot withstand a direct attack by a defendant who shows that he was not served in strict compliance with the law. Wilson v.…
2Cases cited6 opinions
- Wilson v. DunnTexas Supreme Court · 1991
- Uvalde Country Club v. Martin Linen Supply Co.Texas Supreme Court · 1985
- Verlander Enterprises, Inc. v. Graham, Texas Court of Appeals, 8th District (El Paso)1996
- Regalado v. State, Texas Court of Appeals, 13th District1996
- Wohler v. La Buena Vida in Western Hills, Inc.Court of Appeals of Texas · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Peterson v. Berg (In Re Berg)United States Bankruptcy Court, N.D. Illinois · 2008
- Dale Roush Farms of Texas, and Tejas Farms, Ltd. v. Pantex Sales, Inc., Dba Graphic Equipment and Supply, Texas Court of Appeals, 7th District (Amarillo)2000
- Larry L. Posey v. State, Texas Court of Appeals, 7th District (Amarillo)2005
- Patton Children's Trust & Gerald Ulmer v. Billie Hamlin, Elmer Criswell, Bruce Sisk, Tony Soto, Jr., Steve Steffe and Gabriel Rodriguez, Texas Court of Appeals, 7th District (Amarillo)2008
- Patton Children's Trust & Gerald Ulmer v. Billie Hamlin, Elmer Criswell, Bruce Sisk, Tony Soto, Jr., Steve Steffe and Gabriel Rodriguez, Texas Court of Appeals, 7th District (Amarillo)2008
2 more not listed; retrieve them via the Exa API.